In this episode of Legal Food Talk, host Justin Prochnow welcomes colleague Will Wagner back to Greenberg Traurig and back to the Legal Food Talk podcast! As one of the only repeat guests on Legal Food Talk, Will joins Justin to discuss what has changed in the last three years regarding environmental compliance for food
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California Modifies Timetable for Implementation of Climate Disclosure Laws
On Sept. 27, 2024, Gov. Gavin Newsom signed into law Senate Bill (SB) 219, delaying implementation of California’s emissions and climate-related financial risk corporate disclosure laws. As we reported in a previous GT Alert, SB 219 amends some of the California Air Resources Board (CARB)’s requirements for implementing SB 253 and SB 261.…
Mexico’s Mining Sector on Alert After Sheinbaum Releases ‘100 Steps for Transformation’ Plan
Mexico President-Elect Claudia Sheinbaum will not grant new open-pit mining concessions during her administration, according to her “100 Steps for Transformation” (Plan), published in July. The Plan also states that existing concessions will be evaluated and may continue, provided that they have the public’s approval and do not impact the environment (step 8 of the…
What Does It Take to ‘Incur’ a Cleanup Cost Under CERCLA?
The federal Superfund statute allows a private person to recover “necessary costs of response incurred” by that person consistently with the governing regulation, the national contingency plan. A recent appellate decision, to be sure unreported and therefore not binding, raises the interesting question of what a person must do to “incur” a cost. The person…
Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024), overruling the 40-year-old practice of “Chevron deference” – judicial deference to administrative agency interpretation of statutes that the agency administers. Since then, commentators have characterized…
Mexico City Government Modifies Environmental Laws
On July 18, 2024, Mexico City’s head of government published the following decrees in the city’s Official Gazette: (i) Decree issuing the Environmental Law of Mexico City and repealing the Environmental Law for the Protection of the Land in Mexico City; and (ii) Decree amending Article 65 of the Solid Waste Law for the Federal…
California Legislature Considers Bill That Would Delay Implementation of Historic Climate Disclosure Laws
On Aug. 13, 2024, California State Sen. Scott Weiner introduced proposals to Senate Bill (SB) 219 that would delay implementation of California’s historic emissions and climate-related financial risk corporate disclosure laws.
Greenberg Traurig’s Environmental Practice Receives 50 Best Lawyers Recognitions in 17 U.S. Markets
Greenberg Traurig is pleased to announce that The Best Lawyers in America recognized more than half of the U.S. lawyers in the firm’s Environmental Practice in their 2025 edition. The annual edition recognized 50 environmental attorneys in 17 U.S. markets and for 28 practice areas. Recognition by Best Lawyers is based entirely on peer review and captures…
DC Circuit Remands and Vacates FERC’s Order Approving the Transco Project
On July 30, 2024, the D.C. Circuit Court of Appeals in New Jersey Conservation Foundation, et al. v. FERC vacated FERC’s order approving Transcontinental Gas Pipe Line Company (Transco)’s Regional Energy Access Expansion Project. This project involves the construction and operation of approximately 36.1 miles of new natural gas pipeline facilities, including 22.3 miles of…
Clarifying the Scope of New York’s Green Amendment
In the recent case of Fresh Air for the Eastside, Inc. v. State of New York (decided July 26, 2024), the plaintiffs sought to compel enforcement of the state’s newly adopted Green Amendment, aiming to regulate the conduct of non-state actors. The New York Appellate Division’s Fourth Judicial Department’s ruling substantially constrains use of the…